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Judgment
THIS is an appeal under Section 15 of the Consumer Protection Act (hereinafter called ''the Act'') against the judgment and order dated 15.12.1998 passed by District Consumer Forum, Gorakpur in Complaint Case No. 220/1997.
WE have heard K.S. Asha Chaudhary assisted by Mr. Vishal Chaudhary for appellants and Mr. R.S. Gupta for respondent and perused the record carefully. The only argument which was raised by the learned Counsel for the appellant was that in view of the background of the case and in view of the legal position as it stands today awarding interest @ 12% was totally uncalled for.
It is a case in which the certificates in question were mutilated and in view of the regulations of the Post Office the auditor report was there refusing to make the payment of maturity amount. However after subsequent consideration of the matter the payment of Rs. 1.00 lac was ordered which was subsequently received by the complainant. It is a case in which within one year after the auditor report the payment has been made.
OBVIOUSLY there is no deficiency by the appellant in making the payment, the payment was deferred on the ground that certificates were mutilated and after hurdle being cleared the payment has been made. The order of District Forum for payment of interest @ 12% is not justified. The order of Rs. 200/- for compensation is uncalled for since the payment has already been made. The judgment and order are set aside. ORDER The appeal is allowed. Parties will bear their own cost. Since the maturity amount has already been paid there is no need for further order. Appeal allowed.